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At Samsung hearing, Apple Seeks Precedent In Patent Cases

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An Appeal Court in the United States has wrestled on Friday with a request by Apple Inc for a permanent injunction on sales of some phones made by its archival, Samsung Electronics Co Ltd, in a case that could have a deep impact on patent litigation. Friday’s hearing came hours ahead of an expected ruling by the International Trade Commission in a separate case on whether certain mobile devices made by South Korea’s Samsung violate Apple patents. The ruling is expected around 5 p.m. EDT (2100 GMT). Apple is appealing a lower court ruling that rejected the iPhone maker’s request that some older-model Samsung phones be permanently banned because they violate an Apple patent. At stake is whether judges can permanently ban the sale of a complex device like a smartphone if a court finds that it violates a patent that covers just one of the device’s hundreds of features. Samsung and other smartphone makers say a decision in favor of Apple could cripple the market. At an hour-long hearing in Washington, U.S. Federal Circuit Court of Appeals Judge William Bryson questioned whether Apple wanted to use the appeal to set a precedent that would allow it to seek sales bans for newer Samsung phones in an expedited fashion. “Is that really what we’re dealing with?” Bryson asked. The current case has dragged on for two years. Apple lawyer William Lee acknowledged that if the iPhone maker’s injunction request was granted, the company would seek a so-called contempt proceeding to go after newer Samsung phones. The case is one of many between the two phone makers as they accuse each other of patent violations in a bid to dominate a fast-growing market for mobile devices. Samsung’s popular Galaxy smartphones and tablets run on Google’s Android operating system, which Apple’s late co-founder, Steve Jobs, once denounced as a “stolen product.” Apple says Samsung has infringed its patents and caused financial losses. Samsung denies it copied Apple’s patented features. The three-judge panel on Friday weighed whether the lower court was right in requiring Apple, when requesting a sales ban, to prove a “causal nexus” connecting a dip in iPhone or iPad sales to Samsung’s alleged specific patent infringements. “I can’t imagine that you wouldn’t have some nexus requirement, regardless of how you define it, in every case of injunction,” Judge Kathleen O’Malley said. But O’Malley also questioned whether Apple even could prove that one feature of a complex product is the single driver of consumer demand, as demanded by the lower court. She said that if Apple proves one patented feature – such as “pinch-to-zoom” -to be the most important driver of consumer demand, it would automatically disprove the same about other patents. LONG LEGAL HISTORY Samsung has said that all of the phones involved in the ongoing patent litigation are either no longer in the market or include design workarounds. Apple says the newer phones continue to rely on the same features at stake in this case. Apple last year won a big monetary verdict against Samsung from a Northern California jury in the patent infringement case but the iPhone maker has been less successful in convincing judges to order injunctions. The Federal Circuit last year rejected Apple’s request for a pretrial sales ban against Samsung’s Galaxy Nexus phone. With that, it raised the bar for injunctions on device sales based on narrow patents for the devices’ features. It also put Samsung in a much stronger position by allowing its products to remain on store shelves while it fights the global patent battle. U.S. District Judge Lucy Koh last December used that Federal Circuit’s new, tough pretrial injunction standard when she rejected Apple’s bid for a permanent post-trial injunction on several Samsung phones. She also slashed Apple’s $ 1.05 billion jury verdict. In its appeal, Apple says Koh’s ruling would “create a bright-line rule” and argues she should not have used that tougher standard. Google Inc, HTC Corp and others have chimed in on Samsung’s behalf, arguing that an Apple victory would return patent law to the days “when injunctive relief automatically followed a finding of infringement.” The appeals court is expected to issue a written opinion but did not indicate a timeline. The case is Apple Inc v. Samsung Electronics Co Ltd, Federal U.S. Circuit Court of Appeals, No. 13-1129.

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Kano Transfers Over 1,000 Almajiris To Different States Amidst COVID-19 Pandemic

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The Kano State Government on Saturday said it has transferred 1,098 ‘almajiris’ to different states of the country.

The commissioner for local government, Murtala Garo, disclosed this while presenting a report before the state’s task force on COVID-19 at the government house, Kano.

Almajiris are children who are supposed to be learning Islamic studies while living with their Islamic teachers. Majority of them, however, end up begging on the streets of Northern Nigeria. They constitute a large number of Nigeria’s over 10 million out-of-school children.

Mr Garo said the Kano government transported 419 almajiris to Katsina, 524 to Jigawa and 155 to Kaduna. He said all of them tested negative for coronavirus before leaving the Kano State.

Despite the coronavirus test done in Kano for the almajiris, the Jigawa government earlier said it would quarantine for two weeks all the almajiris that recently arrived from Kano.

Mr Garo said another 100 almajiris scheduled to be taken to Bauchi State also tested negative to COVID-19.

In a remark, Governor Abdullahi Ganduje said the COVID-19 situation in Kano was getting worse. He appealed for a collaborative effort to curtail the spread of the virus in the state.

Mr Ganduje, who commended residents for complying with the lockdown imposed in the state, said the decision was taken to halt the spread of the virus.

Kano State, as of Saturday night, has 77 coronavirus cases, according to the Nigeria Centre for Disease Control.

The decision to transfer the Kano almajiris is part of the agreement reached between Northern governors that almajiris in each state be transferred to their states of origin.

However, even before the latest agreement by the governors, the Kano government had been transferring almajiris to other states and neighbouring countries after it banned street begging in the state, most populous in Northern Nigeria.

Despite the transfers, however, no concrete step has been taken to ensure such children do not return to Kano streets as there is freedom of movement across Nigeria although interstate travel was recently banned to check the spread of the coronavirus.

 

Sourced From: Premium Times Nigeria

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COVID-19: ‘Bakassi Boys’ Foil Attempt To Smuggle 24 Women Into Abia In Container

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By Ugochukwu Alaribe

Operatives of the Abia State Vigilante Service, AVS, popularly known as ‘Bakassi Boys’ have arrested 24 market women hidden in a container truck, at Ekwereazu Ngwa, the boundary community between Abia and Akwa Ibom states.

The market women, said to be  from Akwa Ibom State, were on their way to Aba, when they were arrested with the truck driver and two of his conductors for violating the lockdown order by the state government.

Driver of the truck, Moses Asuquo, claimed he was going to Aba to purchase stock fish, but decided to assist the market women, because they were stranded.

A vigilante source told Sunday Vanguard that the vehicle was impounded while the market women were sent back to Akwa Ibom State.

Commissioner for Home Land Security, Prince Dan Okoli, who confirmed the incident, said that  smuggling of people into the state poses great threat to the state government’s efforts to contain the spread of COVID- 19.

 

Sourced From: Vanguard News

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Woman Kills Her Maid Over Salary Request

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Operatives of the State Criminal Investigation and Intelligence Department (SCIID), Yaba of the Lagos State police command have arrested one Mrs Nene Steve for allegedly killing her maid, Joy Adole

The maid was allegedly beaten to death by Nene for requesting for her salary at their residence located at 18, Ogundola Street, Bariga area in Lagos.

Narrating the incident, Philips Ejeh, an elder brother to the deceased said that he was sad when they informed him that his sister was beaten to death.

He explained that the deceased was an indigene of Benue State brought to Lagos through an agent and started working with her as a maid  in January 2020.

‘’She reported that her boss refused to pay her and anytime she asked for her salary she will start beating her.

She was making an attempt to leave the place but due to the total lockdown she remained there until Sunday when her boss said she caught her stealing noodles and this led to her serious beating and death,’’ Ejeh said.

He called on Lagos State Government and well- meaning people in the country to help them in getting justice for the victim.

The police spokesman, Bala Elkana, stated that the woman and her husband came to Bariga Police  Station to a report that their house girl had committed suicide.

Detectives were said to have visited the house and suspected foul play with the position of the rope and bruises all over the body which confirmed that the girl had been tortured to death and the boss decided to hang up the girl to make it look like suicide.

He said: “The police moved on with their investigation and found a lot of sign of violence on her body that she has been tortured before a rope was put on her neck.’’

He added that the police removed the corpse and deposited it in the mortuary for autopsy to further ascertain the cause of the death.

Elkana said the matter has been transferred from Bariga police station to Panti for further investigation while the couple have been arrested and will be charged to court.

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Boko Haram Attacks: Buhari Summons Urgent Meeting Of Service Chiefs

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President Buhari and the Service Chiefs in a meeting. (File photo)

Ostensibly alarmed by the latest killings of dozens of soldiers by Boko Haram insurgents, President Muhammadu Buhari has summoned an urgent meeting of Service Chiefs to find ways to stop the trend. 

He has also dispatched the Minister of Defence, Mansur Dan Ali, to the neighbouring Republic of Chad for an urgent meeting with President Idris Deby and his defence counterpart. 

Knowledgeable sources said in Abuja on Friday that the president is worried by on the deterioration of security situation on the Nigeria – Chad Border that has led to the recently increased Boko Haram terrorism in the area.

The sources which did not want to be named in Abuja said: “Nigeria has a Chad  problem in the Multi-National Joint Task Force (MNJTF) put together to secure the Lake Chad basin areas and repeal the Boko Haram terrorist attacks against all the countries neighbouring the Lake.”

The sources noted that Chad is believed to be having their own internal security challenges and this has reportedly led to their pulling away their own troops manning their own border around Lake Chad,  saying: “That lacuna is being exploited by the Boko Haram terrorists, who go in and out of Nigeria, Niger and Cameroon to launch terrorist acts.  This is a clear illustration of the fact that terrorism is beyond national borders.”

When contacted, the Senior Special Assistant to the President on Media and Publicity, Garba Shehu, confirmed that the Defence Minister is going to Chad but said he is unaware of the purpose. 

Meanwhile, the military authorities are said to be in the process of identifying the families of the latest victims with a view to making contact with them. 

Credible sources revealed that it is the reason the president is yet to make any pronouncement on the matter. 

“The President has called an urgent meeting with the Service Chiefs, as well as the fact that families of the latest victims of the Boko Haram are being identified and contacts made before a government pronouncement on the tragic attacks. This, it is understood, is the reason for the silence of the government over the incident,” the source said. 

 

Sourced From: Tribune

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